In re Whitman

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 1918

Appellate Division of the Supreme Court of the State of New York · decided 1918-12-03

Cross-appeals by the petitioner, Charles S. Whitman, and by Alfred E. Smith, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of November, 1918. The petitioner, Charles S. Whitman, appeals from so much of said order as provides for a postponement of the examination of the ballots until after the issuance of a certificate of election of Governor by the Secretary of State.

Decided 1918-12-03

Smith, J. (dissenting):

¶1I concur in the opinion of Mr. Presiding Justice Clarke and desire to add only a single sentence. The policy of the *244Legislature in enacting laws governing elections has been indicated to make their requirements absolute as far as possible and not discretionary, thus seeming certainty in their administration. The only discretion that I read in the statute as to the time when the examination shall be ordered is as to the time necessary in the giving of the notices which may be required and as may be necessary to make preparation for the examination of the' ballots to which the candidate is given the absolute right.

¶2Clarke, P. J., concurred.

¶3Order affirmed, without costs.